22 July 2024


Search Results for Tag : Quantum

News

Delhi HC: Quantum of Damages Can Only be Decided After Trial(11.07.2022)

Delhi High Court has held that quantum of damages to be awarded to the plaintiff can only be decided after the trial and therefore a plaint cannot be .....

Tags : Delhi High Court, Quantum of Damages, Trial

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SC: If Acquittal is Reversed, Appellate Court Should Hear Accused Separately for Quantum of Sentence(21.04.2023)

Supreme Court has observed that when appellate court reverses the order of acquittal passed by trail court, appellate court was obliged under law to h.....

Tags : Supreme Court, Acquittal, Quantum of Sentence

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Madras HC Asks to Consider Revising Quantum of Compensation for Deaths of Manual Scavengers(11.11.2021)

Madras High Court has observed that the current quantum of compensation payable upon death due to manual scavenging may be inadequate and thus urged t.....

Tags : Madras High Court, Quantum of Compensation for Deaths of Manual Scavengers

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Notifications & Circulars

Withdrawal of Central Excise cases older than 15 years(29.02.2016)

The Central Board of Excise and Customs approved filing of applications by the Department to withdraw cases from prosecution. Cases must be pending fo.....

Tags : reducing litigation, pending cases, quantum

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Judgments

Court is within powers to direct that subsequent sentence shall run concurrently with previous sentence(03.10.2016)

Appellant was involved in committing thefts was charged of having committed offences on different occasions and was separately tried for offences puni.....

Tags : Conviction, Sentences, Quantum

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Where parties do not come forward with exact income they have, Courts have to apply guess-work(20.10.2016)

In facts of present case, husband was aggrieved by order deciding application filed under Section 24 of Hindu Marriage Act, 1955 by wife granting mont.....

Tags : Maintenance, Quantum

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For determining future prospects, age of victim as on date of accident is to be taken as starting point for calculation(24.12.2019)

Present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against a judgment of Tribunal in MACT case, passed in an application .....

Tags : Compensation, Quantum, Legality

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International Cases

Mere fact that a sentence is outside the range does not necessarily establish that exercise of sentencing discretion in particular case miscarried(09.08.2018)

Present is an appeal against sentence. The Appellant was convicted, on his plea of guilty, on a single count in an indictment which alleged that, on 1.....

Tags : Conviction, Sentence, Quantum

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'Just compensation' has to be determined on basis of fairness, reasonableness and equitability(24.12.2020)

Impugned in present Appeal is Award passed by Motor Accident Claims Tribunal ("Tribunal") on a Claim Petition directing Appellant Insurance Company to.....

Tags : Compensation, Quantum, Legality

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Court can reduce quantum of sentence on basis of amicable settlement(05.01.2021)

Present appeals have been preferred against the judgment of the High Court which upheld Appellant’s conviction under Sections 324 and 341 of the India.....

Tags : Amicable settlement, Quantum, Sentence

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A Court must not impose a term of immediate imprisonment unless satisfied in view of sentencing principles(14.11.2018)

Present is an appeal against sentence. The Appellant was charged on indictment with three offences. There are three grounds of appeal. Ground 1 alleg.....

Tags : Sentence, Quantum, Legality

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Monetary compensation is to be granted as an equitable relief, there is no fixed formula according to which the quantum of compensation is to be calculated(23.08.2023)

Present intra-court appeal challenges the judgment passed by the learned Single Judge. In the impugned judgment, the learned Single Judge dismissed Re.....

Tags : Compensation, Enhancement, Quantum

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A Court may impose one penalty in respect of multiple federal offences that are joined in same information, complaint or summons(02.10.2018)

On 8 September 2016, the Appellant was convicted in the Magistrates Court for importing prohibited imports, namely 'ice pipes'. The ice pipes were imp.....

Tags : Sentence, Quantum, Validity

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Sentencer need to observe a degree of flexibility rather than adopting a mechanistic type of approach while imposing sentence(03.04.2019)

This judgment deals with an application for leave to appeal by Nathan Finn, currently in custody in Hydebank Young Offenders Centre, against a determi.....

Tags : Sentence, Quantum, Justice

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An appellate Court can only intervene if Accused demonstrates, either express or implied, material error of fact or law(31.12.2019)

In present case, on 27 August 2019, the Appellant was sentenced in the Kalgoorlie Magistrates Court to a term of immediate imprisonment of 18 months f.....

Tags : Sentence, Quantum, Legality

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In a sentencing discretion Court should only intervene, if a material error of fact or law has been made or result is manifestly unreasonable or unjust(14.04.2020)

In present matter, the Appellant was convicted of six breaches of a family violence restraining order (FVRO) contrary to Section 61(1) of the Restrain.....

Tags : Conviction, Sentence, Quantum

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The severity of a sentence imposed on an individual count generally falls to be assessed in light of the sentences imposed in respect of the other counts(12.02.2021)

Present is an appeal against sentence. The Appellant was convicted, on his pleas of guilty, of eight counts in an indictment. Six of the convictions w.....

Tags : Sentence, Quantum, Legality

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Social interest and conscience of the society is to be kept in mind while exercising the discretion pertaining to awarding of sentence(27.02.2017)

In present case, on basis of statement of injured, an FIR under Sections 448 and 307 of Indian Penal Code, 1860 (IPC) was registered at police station.....

Tags : Conviction, Sentence, Quantum

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For offences of dealing or trafficking in dangerous drugs, the major sentencing considerations are general and personal deterrence(14.01.2021)

The Appellant was charged on indictment in the District Court on basis that, he had in his possession a prohibited drug, namely methylamphetamine, wit.....

Tags : Quantum, Sentence, Legality

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Power of an appellate Court to interfere with a sentence imposed by a lower Court is limited and can be exercised in cases of material irregularity(24.03.2021)

The issue before present Court is whether the increased sentences imposed by the high Court were appropriate. On 12 October 2017, the Appellants, Mess.....

Tags : Sentence, Quantum, Legality

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An Appellate Court can only intervene if the Appellant demonstrates either an express or implied material error(22.09.2017)

Present is an appeal against sentence. The Appellant and two others, Aaron Clifford Pierotti and Rhannan Ngaire Martinac, were charged that on 21st Fe.....

Tags : Sentence, Quantum, Legality

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Sentencing is a discretionary exercise; an Appellate Court can intervene, only if, Appellant demonstrates either an express or implied material error(02.05.2018)

The Appellant was convicted after trial of being in possession of a prohibited drug, namely methylamphetamine, with intent to sell or supply it to ano.....

Tags : Offence, Knowledge, Sentence, Quantum

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